Dude, just read my original post. It's all there in the very next line, it's not like there's anything to explain, I could add more to the list but if you think those things are fine there's no point.
I don't want that shit on my machine, my friend's machines, my family's machines, in fact I'd prefer that it didn't exist at all.
I think that people who think this stuff is acceptable and implement it are passively acting in evil ways.
I don't really care to play some pissant game around how you choose to define a word, but if you must, let us do this logically:
A JavaScript tracker created for a reason which serves only to degrade the user's experience is definitionally malware.
A standard advertising banner isn't malware because there's no software involved, but in the case of 90+% of ad banners out there, I generally feel comfortable in calling them malicious, sure.